Parker Pen Co. v. Charles Appliances Inc.

LEVET, District Judge.

This is an application for a preliminary injunction against defendant’s sale of plaintiff’s trademarked products for less than the minimum fair trade price. Jurisdiction here is based upon diversity of citizenship.

Plaintiff has manufactured and sold fountain pens since 1890. In 1891, it adopted and began to use the notation “Parker” as a trademark on its fountain pens and has since continuously used this mark. Plaintiff presently possesses numerous trademarks for its products. In 1939, a certain new model fountain pen, mechanical pencil and desk set were manufactured and…